JSC wants limit on its sittings lifted
Chief Registrar of the Judiciary Anne Amadi making an address at Supreme Court of Kenya on November 19, 2015 during the launch of Judiciary Strategic Plan, JSC Charter and other policies. The JSC is fighting a directive issued by the salaries commission capping paid monthly sittings to eight. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
Through lawyer Isa Mansu, the JSC told Justice Chacha Mwita that the SRC has no powers under the Constitution or the SRC Act to determine the maximum sittings it can have.
Among the reasons cited by the SRC for limiting the sittings are allegations that the JSC members hold meetings that are not properly constituted.
The lawyer added that JSC manifests the independence of the Judiciary and any move that undermines its authority is illegal.
The Judicial Service Commission (JSC) has filed a petition seeking to have the maximum eight sittings per month limit imposed on it by the Salaries and Remuneration Commission (SRC) lifted. It says the move is tantamount to interfering with its independence.
Through lawyer Isa Mansu, the JSC told Justice Chacha Mwita that the SRC has no powers under the Constitution or the SRC Act to determine the maximum sittings it can have. He added that the judges’ employer has no problem reducing the commissioners’ allowances, but the SRC cannot impose the maximum sittings it can have.
Mr Mansur said the SRC can only recommend the maximum number of sittings to Parliament, but “cannot do it on its own”.
UNLIMITED SITTINGS
Among the reasons cited by the SRC for limiting the sittings are allegations that the JSC members hold meetings that are not properly constituted. It also relied on a special audit report, which found out that the JSC members reap handsomely from holding unlimited sittings.
But Mr Mansur argued: “It is not the function of SRC to act as prefect for other independent commissions.”
The lawyer added that JSC manifests the independence of the Judiciary and any move that undermines its authority is illegal. He said the JSC is a policy-making institution, and is an integral part of the three co-equal arms of the national government. He added that the JSC safeguards and promotes the independence of the Judiciary.
SITTING ALLOWANCES
The SRC for its part, defended the capping, saying it was within its mandate. It explained that the sitting allowances earned from the contested eight sittings are with respect to the normal activities of the JSC members.
The SRC further said there is a framework that allows the JSC members to have more than eight sittings. And it allows them to draw allowances in circumstances where they are expected to do special tasks that need specific output within a given period, which would require them to do more than their normal work.
The SRC wondered why the JSC never challenged the task force allowance framework, which it previously requested and benefited from
But the JSC said the remuneration enjoyed its members was approved and set by the Public Service Commission in a circular issued on June 8, 2011.
